RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 11, 2012 No. 31

About application of regulations of the Civil Procedure Code of the Russian Federation by consideration of statements by courts, ideas of review on again opened or new circumstances of the court decrees which took legal effect

Due to the questions arising at courts in case of application of regulations of Chapter 42 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) about review on again opened or new circumstances of the court decrees which took legal effect and also for the purpose of ensuring the correct application of the legislation and unity of court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, Articles 9, 14 Federal constitutional Laws of February 7, 2011 No. 1-FKZ "About courts of law in the Russian Federation", decides to make to courts the following explanations:

1. The decisions of the courts of the first instance, determination of Appeal Courts which took legal effect, resolutions and determinations of courts of cassation instance, the resolution of Presidium of the Supreme Court of the Russian Federation can be reviewed on again opened or new circumstances by the court which accepted the resolution.

Proceeding from provisions of Item 2 of part 1 of article 331 CCP of the Russian Federation of determination of the called courts by which case is not allowed in essence can be reviewed if they exclude possibility of further movement of case (part 4 of article 1 CCP of the Russian Federation).

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